Belated return
This query is : Resolved
Radhakrishnan K.V.
(Querist)
27 September 2013
Dear all,
My client failed to submit IT return within due date allowed in the notice u/s 142(1)but filed before the completion of Assessment. The return was considered as non est and assessment completed without allowing any deductions claimed in the return.
Is there any decision/judgment to consider these type of 'returns' as valid.
My client failed to submit IT return within due date allowed in the notice u/s 142(1)but filed before the completion of Assessment. The return was considered as non est and assessment completed without allowing any deductions claimed in the return.
Is there any decision/judgment to consider these type of 'returns' as valid.
CA VISHNU GAVKARE
(Expert)
28 September 2013
Facts are not clear. Dates are important.. If it is filed after 2 years then it becomes time barred.
Radhakrishnan K.V.
(Querist)
28 September 2013
AY-2010-11
Notice u/s 142(1) to file return within 31-12-2012
return filed on- 31-01-2013
Best judgment assessment u/s 144- 28-03-2013
My query is whether the return is non est?
Pls offer remarks.
Notice u/s 142(1) to file return within 31-12-2012
return filed on- 31-01-2013
Best judgment assessment u/s 144- 28-03-2013
My query is whether the return is non est?
Pls offer remarks.
CA VISHNU GAVKARE
(Expert)
28 September 2013
yes. return should have been filed before 31.12.2012.i.e. before time mentioned in notice. 142(1) is 1st step of assessment. when notice is issued return needs to be filed within date mentioned in notice.
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